"We recognize there are substantial differences between the patent and copyright laws. But in both areas, the contributory infringement doctrine is grounded on the recognition that adequate protection of a monopoly may require the courts to look beyond actual duplication of a device or publication to the products or activities that make such duplication possible. The staple article of commerce doctrine must strike a balance between a copyright holder's legitimate demand for effective -- not merely symbolic -- protection of the statutory monopoly, and the rights of others freely to engage in substantially unrelated areas of commerce. Accordingly, the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses.

The question is thus whether the Betamax is capable of commercially significant noninfringing uses. In order to resolve that question, we need not explore all the different potential uses of the machine and determine whether or not they would constitute infringement. Rather, we need only consider whether, on the basis of the facts as found by the District Court, a significant number of them would be noninfringing. Moreover, in order to resolve this case, we need not give precise content to the question of how much use is commercially significant. For one potential use of the Betamax plainly satisfies this standard, however it is understood: private, noncommercial time-shifting in the home. It does so both (A) because respondents have no right to prevent other copyright holders from authorizing it for their programs, and (B) because the District Court's factual findings reveal that even the unauthorized home time-shifting of respondents' programs is legitimate fair use."

JusNytt provides insight and commentaries on current legal events, in-depth articles and analysis on key topics and provides access to an up to date archive with important source material on these focus areas:

Intellectual propertyCopyright, patents and trademarksAreas where the right of use and distribution has potentially significant economic value, and is directly related to non-physical or abstract concepts of right to property. Typical examples are goodwill, trademarks, inventions, design etc. The legal regulation of these rights are severely fragmented, and has grown quite complex as international considerations grow ever more important.

Telecom and ITCompetition Law and Market RegulationsDue to a long history of regulation and public control, Telecom and Competition Law go hand in hand. Following in the wake of the international trend of telemarket de-regulation, this trend has only asserted itself more firmly. The Norwegian market is characterised by high demographic penetration with regard to modern communications technology with consumers, as well as the underlying technological infrastructure.

Content and MediaFreedom of Speech, Distribution of Content and LiabilityRulings on Human Rights from the court in Strasbourg have significant impact on national laws and regulations related to (amongst others) freedom of speech. These rulings have over time led to a silent change og paradigm, wherein freedom of speech is awarded a greater part in the legal landscape. Consequently, traditional values related to the balancing of freedom of speech and similer human rights are not necessarily correct after these rulings from Strasbourg, creating a demand for up to date legal insight into this area of law.

Administrator and editor of the contents on this webpage is lawyer Halvor Manshaus from the Lawfirm Schjødt DA. If you would like to contribute with material or information that is relevant for the users of this site, you can make contact by using the form under "Contact" in the menu above. The point of JusNytt is to make available information and material that is otherwise hard to come by, both for legal professionals and others with an interest for these topics.

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The core topic areas for JusNytt are: Intellectual Property (Copyright, Patent and Trademark Law), Telecom and IT (Competition Law and Market Regulations) and Content and Media (Freedom of Speech, Media and Content Distribution & Liability). In addition, there is a section for Legal History with focus on Roman Law, with material centered around the period 500 A.D. (and the Code of Iustinianus: Corpus Iuris Civilis).